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Detroit Stoker Company 1510 East Firs t Street PO Box 732 Monroe, MI 48161-0732

(734) 241-9500 Fax: (734) 241-7126 E-Mail: [email protected]

June 14, 2007  MAILED & E-MAILED: William.c.stenzel@sargentlundy .com

Sargent & Lundy55 East Monroe St.Chicago, IL 60603

 ATTENTION: Mr. William Stenzel

 

SUBJECT:  New Ulm Public Utility CommissionNew Ulm, MN

  DSC Proposal No. P-AB-5700-2A Dear Mr. Stenzel:

Detroit Stoker Company (DSC) is pleased to submit for your purposes one (1) copy of the above listed Proposal andStandard Terms and Conditions of Sales, pages 1C through 6C. We have provided four offerings in this proposal.Our offering covers Detroit Underthrow Fuel Distributors to replace the existing coal feeders, Repair parts for theRotoGrate Stoker, Installation of the feeder and Installation of the stoker repair parts. These offerings are for thecustomers existing coal fired B&W boiler with a Detroit Stoker, DSC Job No. RG-713. This stoker is 18’-1 ½” wide by17’-0” long six bay stoker.

The main offering included is for the supply of the Detroit Underthrow Fuel Distributors which have been shown tohave the ability to burn lower quality coals. The second offering includes the parts necessary to refurbish the stoker.Since may of the parts in the original stoker design have been improved a number of items in these offering are of theimproved parts. This includes the following items.

1.  The grate bar metallurgy has been improved to a high temperature ductile iron from cast iron.

2.  The grate chain links are of a new design that provides increased strength and lower wear.

3.  The lower front air seal arrangement is now a one piece cast iron seal without the spring loaded

gap seals.

4.  The rear tuyeres have a hinged mounting arrangement rather than a simple hook.

5.  The rear tuyeres are made of high temperature ductile iron rather than cast iron.

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June 14, 2007Page 2

Detroit Underthrow Coal Distributor 

The following describes the benefits of the new feeders we are offering:

Coal Feeder Design

The feeder design combines air assist with an Underthrow rotor mechanism. This unique design discharges the fuelin the underside of the rotor, enabling the blades to contact the coal for a longer period of time. This design feature,in conjunction with the pneumatic distributor plate, facilitates a more horizontal trajectory of the fuel, which distributesthe fine particles more consistently onto the bed area. This promotes better combustion efficiency by reducing thecarbon content of the ash.

Features and Benefits

Promotes combustion efficiency.Ideal for distributing fuels inconsistent in size and moisture content.Distributes fuels more consistently and evenly than other feeders.Ideal for distributing coals with a large amount of fines and other inconsistent material on longer stokers.

Improved distribution of fuel promotes less suspension firing resulting in lower loss of ignition.

Cost Effective

Our innovative design makes the Underthrow ideal for lower quality, less expensive fuel.

Reduced Maintenance Time and Fewer Replacement Parts

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June 14, 2007Page 3

Fewer moving parts to maintain than other feeders.The chain conveying carriage is protected from direct radiant heat exposure.Reduces deterioration of parts from heat.

Reduces the need for replacement parts.Internal parts removable in two main assemblies (rotor drum assembly and conveyor carriage assembly) from thefront of the distributor without removing feeder from the stoker front plate .

The carriage drive motor is a Marathon Electric Black Max Motor and the rotor drive motor is a Marathon Electric BlueChip Motor.

We trust you will find our offering to be complete. Should you have any further questions or comments, please do nothesitate to contact us.

Sincerely,

Tim LoviskaManager Aftermarket Contracts

tsaEnclosures

Copies: Minneapolis –E-MAILED 

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 DETROIT STOKER COMPANY 

June 14, 2007DSC Proposal No. P-AB-5700-2A

1

SPECIFICATIONS AND PROPOSAL

June 14, 2007

Detroit Stoker Company (hereinafter called the Company) proposes to sell to the following (hereinafter called thePurchaser):

PURCHASER:Sargent & Lundy55 East Monroe St.Chicago, IL 60603

The following described Detroit Stoker equipment, auxiliaries and services.

PLANT:

New Ulm Public Utility CommissionNew Ulm, MN

Information provided in this proposal is proprietary information of Detroit Stoker Company, and shall be used only for the purpose intended.

Detroit Stoker Company will provide the following equipment:

OFFERING No.1 (Underthrow Fuel Distributors)

Detroit Stoker Company proposes to furnish six (6) 18” Detroit® Underthrow Fuel Distributors to replace your existingHoffman feeders on your Hoffman Grate. Refer to DSC Drawing No’s 9B-13784, -1 and -2. The fuel distributors

described are designed to handle coal with a maximum top size of 1 ½” and maximum of 65% less than ¼” (See theattached fuel sizing curve).

The Detroit Underthrow Coal Distributor is a combination coal feeding and distributing device, which introduces coalfuels continuously into a combustion chamber at variable rates to follow load demands.

A continuously moving chain type conveyor picks up coal from the bottom of the integral hopper and delivers it to anunderthrow rotor and air swept chute. The rotating rotor, and air which is forced along the bottom of the air sweptchute, combine to project the coal particles into the combustion chamber.

The quantity of coal required, to follow the load demand, is varied by changing the speed of the chain conveyor. Thedistribution pattern of the fuel is adjusted by varying the speed of the rotor and pressure of the distributing air supply,

regardless of the amount of coal fed by the conveyor.

Manual adjusting points are provided on the coal distributor to compensate for coal quality and to alter the pattern of distribution. Automatic adjustment of the quantity of fuel supplied to follow load demand, is provided byelectrical/electronic motor controls which are connected to the boiler combustion control system.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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Stoker Feeders

Dual drive, Underthrow, pneumatically assisted, spreader type consisting of the following:.

Six Rotor Assembly: 4 rows of hinged type replaceable cast stainless steel rotor blades, spherical

roller bearings housed in a cast iron water cooled casing spaced from the distributor side plates toprevent exposure to heat and dust infiltration. The drive end of the rotor shaft is supplied with ahex head to allow the shaft to be manually jogged should the rotor become jammed. The rotor assembly to be replaced without having to remove the coal feeder from the boiler front wall.

Six Conveyor Assembly: Endless chain type with austempered ductile iron (ADI) link bars, cast steelsplined drive shaft, and idler shaft with permanently lubricated sealed yoke type cam followers.Conveyor assembly to be replaced without having to remove the coal feeder from the boiler frontwall. The conveyor chain tension mechanism is spring loaded and adjustable externally of thefeeder.

Six Coal Hopper: Dustless, 3/16” mild steel construction.

Six Adjustable Throat Blade: Cast iron, heavy duty, externally adjustable to set coal depth onconveyor assembly and provide upward flexibility to allow tramp material to pass through feeder.

Six Distribution Assembly: Chromium carbide wear plate, and distribution air ports adequately sizedto distribute fuel with up to 65% fines.

Six Miscellaneous material: Apron air tuyeres, base plate, deflector tuyeres for feeder opening andnecessary hardware and fasteners.

Feeder Drives

Integrally mounted to feeder housing, chain driven conveyor, belt driven rotor, guards, and mounting brackets.

Twelve Drive Motors: Separate motors for conveyor and rotor drum assemblies, 1 HP, 460 V, 1200 RPM,TENV, commercial grade, inverter duty, specifically designed for use with variable frequencydrives and to optimize efficiency performance at partial load conditions typically encountered instoker feeder applications.

Six Gear Reducer: For conveyor drive only, right angle worm gear with C face input sized to meetspecific fuel capacity requirements.

35 lbs. High temperature grease.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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Tachometer/Zero Speed Switch

Six Tachometer/Zero speed switch arrangements for rotor shaft only. Switch to monitor speed andindicate stalled condition. Zero speed to be interfaced through stoker controls to shutdown coal

feed conveyor in case of stalled rotor condition. Tachometer controller (mounted in control panel)will be capable of returning a 4 - 20 mA signal back to the main boiler control. Hardware:Magnetic strip disk, sensing head, terminal strip box, mounting brackets and fasteners.

Distribution Air 

One 3500 RPM distribution air fan complete with motor and inlet silencer, to be mounted within 25 ft. of the frontcorner of the boiler to provide air for fuel distribution purposes. The fan has a bhp requirement of 15.5 hp attest block conditions and has a 20 hp motor. The following are the fans operating conditions:

Operating Condition Test Block

ACFM 2,250 2,590Static Pressure, w.c. 20” 26.5”

Each feeder requires 150 cfm for the feeder tuyeres at 6” w.c. and 225 cfm for the distribution air at 20”w.c.

One Manual damper at fan discharge.

Six Manual isolation dampers and flex hoses between air header and feeder inlets.

One Lot of 12 GA air duct and hangers including expansion joint from fan discharge terminated at coal feeders.Additional support steel required for attachment of hangers is not furnished by DSC and must be furnished

by others.

Controls

One NEMA 12 free standing control panel with panel components prewired to terminal strip and shoptested. Please note that the purchaser is to furnish a 4-20mA control signal. If the current controlsignal is pneumatic, purchaser will furnish any transducers required to convert the signal to 4-20mA. Each panel will be provided with the following:

Twelve Dan Foss 2 HP AC variable frequency drives are provided to control the speed of each stoker rotor 1 HP motor and each conveyor drive 1 HP motor.

Each drive is equipped with 3 pole circuit breaker to isolate each drive for maintenance purposes.

Each drive is equipped with an input line reactor to prevent undesirable third order harmonicdistortion from going back on to the incoming power line.

If the length of the motor wiring from the drive panel to the coal feeders exceeds 50', each drivewill be required to have an output line reactor for protection of the motor windings. This prevents

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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damage from reflective wave electrical spikes. There will be an extra charge for these reactors

Each rotor drive is also supplied with a two position selector switch to individually start and stopeach motor. Each conveyor drive motor is supplied with a three position selector switch for Hand-Off-Auto selection.

Miscellaneous

One Lot of distributor mounting panels fabricated from 3/8” mild steel plate.

- Necessary hardware and fasteners.

Two Sets of application drawings consisting of general arrangement (with bill of material) of stoker frontillustrating interface of coal feeders assembly drawings complete with bill of material, electricalschematics and logic diagrams of tachometer/zero speed switch arrangement.

Two Sets of installation, operation and maintenance manuals.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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OFFERING NO. 2 (Underthrow Fuel Distributor Spare Parts):Unit Price

One 18” RH rotor blade assembly complete with bearings (P/N 980-137600018R). $3,875.00

One 18” Center rotor blade assembly complete with bearings (P/N 980-137600018). $3,875.00

One 18” LH rotor blade assembly complete with bearings (P/N 980-137600018L). $3,875.00

One 18” Conveyor assembly (P/N 980-134720418). $4,040.00

One VFD Drive $875.00

One Carriage Drive Motor (P/N 950-1368900) $379.00

One Rotor Drive Motor (P/N 950-1368800) $325.00

One Reducer (P/N 950-1316401 $795.00

Two Drive Belt (P/N 950-1277300900) $89.00

Ten Chain Link Bar (P/N 903-136060118) $24.35

Fifteen Chain Link (P/N 903-1360700) $3.85

Subtotal $18,518.00

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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OFFERING NO. 3 (Coal Feeder Installation Labor):

If desired, Detroit Stoker Company could furnish the installation labor to install the new Detroit Underthrow CoalFeeders. The following will be provided:

Work to be Preformed: (Install six (6) 18" feeders, front panels, distributor air assist fan & ductwork):

Mobilize on site. Note: Safety orientation with plant safety coordinator.

Tag out/lockout all equipment associated with stoker/boiler as directed by plant personnel.

Plant to disconnect the electrical to the existing motors.

Remove existing (3) Coal Feeders and upper front panels.

Install new upper front support steel and upper front mounting panels.

Install (3) new Underthrow Coal Feeders, hoppers and gates.

Install Distribution Air fan on foundation or support steel. Note: Fan foundation by "Owner".

Install Distribution Air ducting to feeders.

Mount control panel within 20' of boiler fronts.

Fully install all equipment/components that were removed for the above scope of work restoring to originaloperating condition. Cooling water to distributor rotor bearings to be run in copper tubing.

Run unit to ensure proper operation.

Clean up and demobilize.

Please Note: DSC has not included electrical installation labor or materials or front wall refractory workwith this offering.

NOTES:

1.  All labor for time & material work required beyond the scope outlined in the above scope of this proposal will beinvoiced at cost plus 10% mark up for profit and 15% mark up for overhead. Tools, consumables, equipment,

etc. will be invoiced at cost plus 12%.

Description Straight Time OvertimeSubcontractor Rates:

•  Construction Manager: $100.00 $120.00

•  Site Superintendent: $85.00 $120.00

•  Safety Coordinator: $70.00 $90.00

•  QC Manager: $70.00 $90.00

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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•  Site Foreman: (Millwright, BM & IW) $45.00 $58.00

•  Journey Man Labor: (Millwright, BM & IW) $39.00 $53.00

•  Office Labor: $28.00 $38.00

Detroit Stoker Company:

•  DSC Superintendent: $86.00 $107.50

•  Superintendent Mobilization: $500.00•  Delivery & Pickup charge for pick up truck: $350.00 each way.•  Delivery & Pickup charge for tool trailer: $1,000.00 each way.•  Mileage will be charged for each man at .48 cents per mile. NOTE: Safety Coordinator is paid round trip

only. •  There is a minimum charge of twelve (12) hours each way for travel expense.•  Tools, equipment, mobilization invoice plus 12% mark up.•  Lodging & Meals included in DSC Supervision rate.•  15% Over head mark up.•  10% Profit mark up.•  Lodging and meals will be invoiced separately for subcontract labor.•  Office Support at $600.00 per day.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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OFFERING No. 4 (Stoker Parts)

Detroit Stoker Company proposes to furnish the following renewal parts to repair and upgrade the RotoGrate Stoker.

Quantity Part Description12 980-1363500122 Chain, Grate Assembly15 U-4538-D3 Rail, 3’-0” Top Support10 U-4538-D4 Rail, 4’-0” Top Support (S)6 U-4662-B3 Rail, 3’-0” Outside Top Support4 U-4662-B4 Rail, 4’-0” Outside Top Support5 U-5918 Rail, Front Top Support5 DU-4585-B Rail, Rear Top Support (Ductile)2 U-4857-A Rail, Rear Corner Support6 U-4785 Rail, 6” Slide Section Right Hand6 U-4786 Rail, 6” Slide Section Left Hand12 U-4784 Rail, 12” Section

6 U-4492-CR Guide, Lower Front Grate Right Hand6 U-4492-CL Guide, Lower Front Grate Left Hand

732 930-1312600E Bar, 36” Grate H.R.D.I. 5/16” Holes1,500 4819 Washer, 5/8” S.A.E. (Tolerance: + - .010”)

6 New Parts Seal, Lower Front for 3’-0” WD Grate6 5299-136 Seal, Rear Tuyere Support1 980-0804600 Guide, LH Front Grate Assembly6 980-0804700 Guide, Front Grate Assembly1 980-0804800 Guide, RH Front Grate Assembly7 DU-8176-B Retainer, Front Grate Guide12 980-1367901 Sprocket, Idler Assembly (Cast Iron)6 RGMISCFASTENERS Kit, Miscellaneous RotoGrate Fasteners

6 AU-318-F Bearing, Rear Grate Shaft Assembly12 980-1367300M Sprocket, Grate Chain Assembly12 U-4838-C Weight, Grate Guide750 908-1239000L Washer, LH Grate Pin750 908-1239000R Washer, RH Grate Pin

1,500 W-102 Pin, 3/16” x 1” Cotter 1 New Parts New Hinged Rear Tuyere Arrangement1 AU-471-AL Bearing, L.H. Rear Assembly1 AU-471-AR Bearing, R.H. Rear Assembly7 AU-318-G Bearing, Front Grate Assembly6 6056-36 Shaft, 4” dia. Rear Grate (36” Section)6 4794 Support, Angle for Front Slide Rails

12 U-4841 Rail, Rear Slide12 U-4840 Bracket, Rear Slide Rail18 4839 Pin, Rear Slide Rail6 U-4842 Brace, Cross for Slide Rail6 U-4843 Bar, Adjusting6 U-4844 Block, Adjusting12 661 Pin, ½” dia. x 4-1/4” Lg.7 U-4845-A Bracket, Adjusting Bar 

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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12 U-4846 Clip, Bracket6 AU-341-A36 Seal, 36” Upper Front Air Assembly6 AU-342-B36 Section, 36” Rear Coking Assembly4 5297-45 Channel, Upper Seal Front3 5297-48 Channel, Upper Seal Front

26 5428 Seal, Center Support Rail2 5427 Seal Outside Support Rail28 5295-1 Arm, Weight14 DU-5441-A Fulcrum, Rear 14 U-5442 Support, Rear Fulcrum14 U-5293-1 Fulcrum, Front Air Seal14 U-5432 Bracket, Fulcrum14 U-5430 Plate, Contour Seal28 5217 Washer, 1-1/4” Sq. Pillow Block x 1/8” Thk.28 5990 Support, Air Seal Assembly14 5989 Support, Air Seal Assembly8 4679 Clip, Bolt

8 1-001-334-2 Bolt, 5/8” x 2-3/4” Sq. Head Machine8 1-001-681-3 Nut, 5/8” Hex1 RG713-4 Shaft, Front Grate

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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OFFERING NO. 5 (Stoker Re-build and Repair Parts Installation Labor):

If desired, Detroit Stoker Company could furnish the installation labor to rebuild the stoker and install the repair parts.The work offered does not include any repairs on the reinjection system nor does it include any electrical work or thermocouple installation and grate drive. The following work will be provided:

Work: (Rebuild the existing six bay RotoGrate Stoker and install the repair parts listed in Offering No. 4:

Mobilize on site.

Mill safety orientation.

Tag out and lock out all equipment as directed by plant personnel.

Remove extension fronts and access covers for entry.

Remove rear tuyeres (100% replacement).

Remove upper front grate guides (100% replacement).

Remove grates and chains (100% replacement).

Remove upper and lower front air seals (100% replacement).

Remove rear coking plates (100% replacement).

Remove lower front grate guides (100% replacement).

Remove lower front slide rails (100% replacement).

Remove top support rails (100% replacement).

Remove rear slide rails (100% replacement).

Remove both grate drives and store for reuse.

Remove rear shafts and idlers (100% replacement).

Remove front shafts and sprockets (100% replacement).

Check support steel elevations.

Install all internal parts (lower front slide rails, front lower front grate guides, grate drives, chains, grates, rear tuyeres, and etc.)

Fully install all equipment and components that were removed for installation of the above material.

Remove all tags and remove all locks on equipment as directed by plant personnel.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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Test run stoker without fuel for two hours to ensure proper operation of the grate.

Clean up work area.

Demobilize.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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OFFERING NO. 6 (Start-Up & Commiss ioning Service and Operator Training):

Four 8 hour days start-up and commissioning service including all travel and living expenses.

Two 8 hour day for operator training consisting of two (2) 4 hour classroom sessions and two (2) 4 hour sessions on the operating floor.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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FURNISHED BY PURCHASER 

Freight, jobsite cartage, unloading

Water supply to coal feeders

Erection labor, tools, unless purchased

Operation consultant service, unless purchased

Electrical wiring and conduit

Water pipe and valvng

Motor starters and control centers

Field painting

NOTE: Equipment furnished by Purchaser as listed above are those items which we would like to bring to theattention of the Purchaser. It is not to be considered a complete list. Only items outlined in the equipmentdescription are provided by Detroit Stoker Company.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

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DETROIT STOKER COMPANY STANDARD PAINTING PROCEDURES Detroit Stoker Company's standard painting method is application of one (1) shop coat of red oxide zinc chromateprimer 3.0 mil thick.

All auxiliary equipment will be painted according to their standard painting procedures.

Prior to painting, all steel work is to be cleaned by hand wire brushing, or other suitable methods, of loose mill scale,loose rust, weld slag or flux deposit, dirt or other foreign matter. Oil and grease deposits are to be removed by usinga solvent cleaner.

ELECTRICAL SUPPLY POWERDetroit Stoker Company assumes that the electrical power provided to the electrical equipment be free from surges,spikes, sags, over-voltages, brownouts and electrical noise, and any additional equipment required to accomplish thisis to be supplied by others.

ERECTION AND OPERATING CONSULTANT SERVICE If desired, and ordered by Purchaser, and unless agreed otherwise herein, Company will furnish the services of an

Erection Consultant to be available during the installation of all materials furnished by Company at Company'sstandard per diem rate in effect at time service is desired, (Current per diem rate is $885.00 Dollars per eight-hour day), and/or the services of an Operating Consultant to be available during the starting of all materials furnished byCompany at Company's per diem rate in effect at time service is desired, (Current per diem rate is $930.00 Dollarsper eight-hour day). These services are for work on Mondays thru Fridays (except upon holidays occurring uponthose days), plus traveling time and all traveling and living expenses. If such services are desired for more than eighthours per day, or on Saturdays, Sundays, or holidays, it will be necessary to discuss special arrangements for suchservices with Purchaser. After arrival of Company's Erection or Operating Consultant at Purchaser's request,Purchaser agrees to pay Company at the above per diem rate, plus expenses, until he is released by Purchaser.

Days spent at the site by the Erection or Operating Consultant during which no work is performed due to delaysbeyond the control of the Company will be billed to the Purchaser at the Company's published per diem rate.

ERECTION LABOR Adequate and competent labor for erecting the equipment and materials, shall be furnished by Purchaser. If theCompany provides an estimate of man-hours required for erection, it must be understood that these hours are to beused as a guide and in no way can be guaranteed since so many variables such as job site conditions, experience of labor force, union regulations, etc., will affect amount of labor required. The Purchaser should consult with the partiesfurnishing labor for specific information pertaining to this project.

O.S.H.A. The equipment manufactured by the Company complies with the requirements of the Occupational Safety and Health Actof 1970 as of this date. Some of the equipment we will be supplying, however, may not comply with the sound levelslisted under Permissible Noise Exposures, Table G-16, paragraph 1910-95, Occupational Noise Exposure.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

15

PRICE 

OFFERING NO. 1 ( Underthrow Fuel Distributors ): Total price for Offering No. 1 is TWO HUNDRED ANDTWENTY-NINE THOUSAND, TWO HUNDRED AND NINETY ($273,290.00) DOLLARS, EXWORKS Monroe, MI.

OFFERING NO. 2 (Underthrow Fuel Distributor Spare Parts ): Total price for Offering No. 2 for one boiler isEIGHTEEN THOUSAND, FIVE HUNDRED EIGHTEEN ($18,518.00) DOLLARS, EXWORKS Monroe, MI.

OFFERING NO. 3 ( Coal Feeder Installation Labor ): Total price for Offering No. 3 for one boiler is FOURTY-TWOTHOUSAND, FIVE HUNDRED ($42,500.00) DOLLARS, EXWORKS Monroe, MI.

OFFERING NO. 4 ( Stoker Parts ): Total price for Offering No. 4 is TWO HUNDRED AND ONE THOUSAND, FIVEHUNDRED AND THIRTY-EIGHT ($201,538.00) DOLLARS, EXWORKS Monroe, MI.

OFFERING NO. 5 ( Stoker Re-build and Repair Parts Installation Labor ): Total price for Offering No. 5 for oneboiler is ONE HUNDRED FIFTY-SEVEN THOUSAND, TWO HUNDRED FORTY-TWO ($157,242.00) DOLLARS,EXWORKS Monroe, MI.

OFFERING NO. 6 ( Start-Up & Commission ing Service and Operator Training ): Total price for Offering No. 6 for one boiler is EIGHT THOUSAND, FIVE HUNDRED SEVENTY-FIVE ($8,575.00) DOLLARS, EXWORKS Monroe, MI.

Above prices are valid for 30 days and firm for 2007 shipment.

TERMS OF PAYMENT 

Amount due and payable, 20% with drawing submittal, 80% upon shipment.

All prices are FOB Jobsite and are based on Terms and Payments above, Progress Schedule below, and attachedTerms and Conditions of Sale, Pages 1C - 6C.

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June 14, 2007DSC Proposal No. P-AB-5700-2A

16

DELIVERY SCHEDULESubmittal of General Arrangement Drawings 6 - 8 weeks AROApproval Time Allocated NA week after submittalShipment of Equipment 18 - 22 weeks ARO

Installation 1 – 2 weeks

This contract is made in Monroe, Michigan. Acceptance in writing hereunder by the Purchaser when approved by theCompany will constitute a contract.

 Accepted by the Purchaser:

DATED ____________________________________ 

Signature of Purchaser 

BY ________________________________________ 

DETROIT STOKER COMPANY 

BY ________________________________________ Tim Loviska

Approved by the Company:DETROIT STOKER COMPANY 

BY ________________________________________ 

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1CForm #407B 02/08/07

Detroit Stoker Company 1510 East First Street, Monroe, Michigan 48161

TERMS AND CONDITIONS OF SALE

1. PriceUnless otherwise stated in Company’s proposal, all prices are

net, EX Works Point of Manufacture (Per INCOTERMS 2000) andare firm. Prices do not include sales, use or similar taxes such as

Value Added Tax (VAT), Government Sales Tax (GST), etc. orduties which may be imposed by federal, state, county, city, or othergovernmental agency. Purchaser accepts liability for any suchtaxes or duties imposed and the amount of this shall be paid byPurchaser. Exemptions, where applicable, shall be established bythe Purchaser and indemnify the Company from such taxes orduties. A duly executed sales/use tax exemption certificate must besubmitted with the purchase order.

2. AcceptanceAll terms and provisions of the contract between the Purchaser

and the Company are fully set forth herein and no terms andconditions, representations or guarantees, verbal or otherwise, notherein contained, shall bind the Company. The proposal is void ifnot accepted within thirty (30) days and is subject to the approval, in

writing, by a duly authorized officer of the Company.Acceptance in writing hereunder by the Purchaser whenapproved by the Company will constitute a contract and shall bebinding upon the parties hereto and upon their respective heirsexecutors, successors and assigns.

This contract cannot be assigned nor may it be modified in anyway except by a duly approved agreement signed by both parties.

Pertaining to the terms and conditions of the Contract andnotices between the parties shall be in writing and shall be deemedto be valid when (I) delivered personally, (II) sent by certified mail,return receipt requested, or (III) sent by a recognized overnight mailor courier service, with delivery receipt requested, and whenreceived by the other party at the address indicated on Company’sproposal. Either party may change its address by giving writtennotice of the change to the other party.

3. PaymentThe price as specified in Company’s proposal shall be payable

to the Company at its office in Monroe, Michigan, in United Statesdollars, free of exchange and free from collection anddocumentation charges.

Terms of payment are as stated in Company’s proposal unlessotherwise agreed in writing.

Shipment of the equipment or any part thereof or the providingof services is contingent upon the Purchaser’s financial conditionbeing at all times satisfactory to the Company.

All payments are to be made in full within thirty (30) days of thedate of invoice.

The Purchaser will be assessed a finance charge of onepercent per month on all payments due the Company which are indefault for the period payment remains unpaid.

This contract is not subject to a right of setoff by the Purchaser.Actual or alleged debts of the Company to the Purchaser cannot besetoff against money owed to the Company under this contract.

In the event the Purchaser defers or delays shipment beyondthe contract shipping date through no fault of the Company, it isagreed that payments shall become due and payable as thoughshipment had been made or an equitable adjustment in the priceshall be negotiated and the contract amended accordingly. Delayedequipment held by Company will be at the risk and expense of thePurchaser including storage expense as applicable.

The Purchaser shall furnish to the Company any information,notices and documents, as may be required by the laws of the Statein which the equipment will be installed, to enable the Company toprovide documentation prerequisite to the filing of a claim or lien.

4. Title and Risk of LossUnless the Company and the Purchaser explicitly agree

otherwise in writing, title and risk of loss or damage to theequipment and material shall pass to the Purchaser once the goodsare placed at the disposal of the Purchaser on the date or within theperiod agreed upon.

The Company shall retain a security interest in the equipmentand material, even if it is attached to real estate or incorporated intothe equipment of others, for the unpaid portion of the contract priceuntil full and final payment is made to the Company by thePurchaser. In the event of the Purchaser’s failure to pay, theCompany shall have the right to enforce its lien against the propertyto which the material and equipment is attached or into which it isincorporated.

Unless the Company and the Purchaser explicitly agreeotherwise in writing, from the time title and the risk of loss pass tothe Purchaser until the contract price is paid in full, the Purchaser,at its own expense, shall carry “all risk” insurance in the names ofthe Company and the Purchaser, as their interests may appear, inan amount equal to the full contract price. The Purchaser shalldeliver proof of coverage to the Company no later than three daysafter delivery of the first of the equipment and material to the jobsite. The fact that the Company may carry its own insurance doesnot relieve the Purchaser of its duty to insure. The amount ofinsurance coverage shall not be reduced for any reason without theexplicit written permission of the Company.

5. Compliance with Laws, Codes, StandardsEquipment which is of Company’s manufacture is produced in

accordance with all current applicable laws in effect at the point of

manufacture and to the best of its knowledge complies withO.S.H.A. requirements as published in the U.S. Federal Register.Although Company does not warrant O.S.H.A. compliance which isthe Purchaser’s responsibility, any known exception to O.S.H.A. willbe stated in Company’s proposal. Company does not warrant thisfor equipment included which is by other Company(s) nor doesCompany warrant that any of the equipment offered complies withlaws, ordinances, regulations, insurance requirements, or localunion rules or preferences in effect at the job site.

All equipment offered which is of Company’s manufacturemeets accepted standards. Should any specific compliance withcodes not stated or acknowledged in Company’s proposal berequired, any modification to comply therewith will result in anaddition to the price.

6. Drawings and Instructions Furnished by the CompanyIn the event the Company shall furnish to the Purchaser,

general arrangement drawings with this proposal, these areintended only to illustrate the arrangement of equipment, and unlessotherwise stated are not to be construed as defining the extent andscope of the equipment the Company proposes to furnish.

The Company shall furnish to the Purchaser, necessarydrawings, up to a maximum of three (3) sets of prints, one (1)reproducible, and/or electronic files in “.dwg” or “.dxf” format when

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2CForm #407B 02/08/07

required, in accordance with which the equipment is to be installed.Additional prints are available at nominal charge upon request.

The Company shall furnish to the Purchaser, necessaryinstallation, operating and maintenance manuals, up to eight (8)maximum, when required. Bound manuals containing individualinstructions, drawings and parts lists, in English, will be provided.Additional manuals are available at nominal charge upon request.

All drawings and instructions and operating and maintenancemanuals remain the property of the Company and are loaned oncondition that they shall not be copied or reproduced in whole or inpart or disclosed to any third party or used in any way without thewritten consent of the Company.

Any equipment or material shown on the Company’s drawings,instructions or manuals, but not furnished by the Company is forillustrating the application and the Company accepts noresponsibility as to the installation or operation of such equipmentand materials.

When the Company furnishes operating and maintenancemanuals to the Purchaser, it shall be the Purchaser’s responsibilityto ensure that these materials are distributed to personnelresponsible for operating and maintaining the equipment. Suchinstruction manuals are provided as an aid to the users of theequipment and are intended only to compliment their training,knowledge, and judgment. It shall be the Purchaser’s responsibilityto make this known to the users of the equipment, and Purchasershall hold the Company harmless from any and all claims, losses,

damages, or expenses arising from or in any way connected withthe Purchaser’s responsibility hereunder.

7. Design Company reserves the right at any time to discontinue the

manufacture of any model or make changes in design to addimprovements to products without incurring any obligations tofurnish or install the same on products previously manufactured.When parts or assemblies are to be used in connection with anexisting installation, Company will furnish parts as nearlyinterchangeable as feasible at the time of manufacture.

Unless otherwise stated, any supporting steel to be furnishedby the Company as specified in this proposal will be designed tosupport the equipment which the Company proposes to furnish andwill be designed in accordance with the latest rules of the AmericanInstitute of Steel Construction. If the Company is required to

increase the size or weight of its supporting structures to conform toother than these rules because of additional loadings imposed bythe Purchaser, the Purchaser shall reimburse the Company for theadditional steel required.

In view of the nature of application and frequent interrelation ofthe Company’s equipment with that of other manufactures, minorre-sizing of critical parts may become desirable and necessary atstartup or during early operation to improve the application. Anysuch changes shall not affect nor change normal warranty or liabilityor validity of Purchaser’s purchase orders for equipment orservices.

8. Shipping and PackingUnless otherwise stated in Company’s proposal, prices include

packing for domestic shipment via commercial truck and willassume equipment will be stored by Purchaser so as to minimizeexposure to the elements. Special packing for export or otherreason must be referred to Company for pricing. On all shipmentsEX Works Point of Manufacture (Per INCOTERMS 2000), deliveryof goods will occur once the goods are placed at the disposal of thePurchaser on the date or within the period agreed upon. All goodswill be shipped at the Purchaser’s risk. A claim for loss or damagein transit must be entered with the carrier and prosecuted byPurchaser.

The type of transportation and the routing shall be controlled bythe Purchaser unless transportation is furnished by the Company.

Unloading, hauling and handling between the shipping points anddestination shall be the responsibility and expense of thePurchaser.

9. DeliveryDelivery, shipment and installation dates are estimated dates

only, and unless otherwise stated in Company’s proposal, arefigured from date of receipt of complete technical data andapproved drawings as such may be necessary. In estimating suchdates, no allowance has been made, nor shall Company be liable,directly or indirectly, for delays of carriers or delays from labordifficulties, shortages, in obtaining materials or manufacturingfacilities, acts of government affecting Company directly orindirectly, bad weather, or any cause beyond Company’s control orcauses designated acts of God or force majeure by any court of law,and the established delivery date shall be extended accordingly.

Company will not be liable for any damages or penaltieswhatsoever whether direct, indirect, special or consequential,resulting from failure to perform or delay in performing andacceptance upon delivery of the delayed equipment or uponperformance shall constitute a waiver of all such claims.

10. Permits and ApprovalsIf permits or approvals of the plans and specifications are

required to install the equipment, the Purchaser shall assume theresponsibility and expense for securing such permits or approvals.

The expense of any changes which are required in so doing shallbe borne by the Purchaser.

11. Field ServicesIf Company’s proposal calls for Field Service Consultants to be

furnished by the Company, such services will be on the basis asstated in the proposal. Company Field Service Consultants willperform their required duties in an advisory or consulting capacity tooversee the installation of equipment and materials furnished by theCompany; and/or to inspect equipment; and/or to oversee start-upand equipment adjustments; and/or to instruct operating andmaintenance personnel (whatever the basis as stated in theproposal). If classroom type training sessions or seminars arerequired for training of operating and maintenance personnel, theseservices are available from the Company although not included inthe proposal unless specifically stated as furnished by the

Company.Field Service Consultants are provided for work on Mondays

through Fridays (except upon holidays occurring upon those days)unless otherwise specifically stated.

Field Service Consultants provided by the Company shall haveno responsibility for supervision of field labor supplied by others.

The Purchaser assumes complete responsibility for operationof the equipment including all preliminary operation anddemonstration of capacity and performance guarantees and shallindemnify and hold harmless the Company from any liabilityimposed upon it for any injury to persons or damage to property,including the equipment furnished by the Company, resulting fromoperation or use of the equipment by the Purchaser. Norepresentative of the Company is licensed to operate theequipment.

The Purchaser shall be responsible to provide any tools,instruments, and equipment required plus utilities and services,labor, and supervision necessary to enable the Field ServiceConsultants to perform their required duties.

The Purchaser shall be required to make a thorough inspectionand perform all necessary maintenance to ensure that all equipmentto be started up and other equipment essential to the startup is inlike new condition and first-class working order prior to startup.Days spent at the site by Company’s Field Service Consultantsduring which no work is performed due to delays beyond the controlof the Company will be billed to the Purchaser at the Company’spublished per diem rate.

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3CForm #407B 02/08/07

Company is responsible for the performance of the equipmentwhen startup and adjustment is by persons who are employees ofCompany or others authorized by Company to perform suchservice. Field Services are available on a per diem basis accordingto Company’s Field Service Per Diem Rate Sheet and Company’sField Service Terms and Conditions.

12. InstallationUnless otherwise agreed in writing, satisfactory and proper

installation or attachment of equipment furnished by Company is theresponsibility of the Purchaser, his employees, agents orcontractors.

If the Company provides an estimate of man-hours required forinstallation, it must be understood that such hours are to be used asa guide. They are neither predicted nor in any way guaranteed.

13. Corrections to EquipmentPrior to final acceptance by the Purchaser, of equipment and

materials furnished by the Company, there is to be no correctivework or field changes of any kind made without the approval of theCompany’s Field Service Consultant. If this consultant is notavailable or if this service is not included in the contract, theapproval must be obtained directly from the Company. Any suchcorrective work or field changes made or started without theCompany’s approval may not be back charged to the Company andto the extent that such is undertaken without the approval of the

Company, no liability to the Company will result. Such unauthorizedcorrective work or field charges render all guarantees, warrantiesand liability assumptions invalid and unenforceable.

All Purchaser invoiced charges for corrective work or fieldcharges which are approved in advance by the Company must besupported by verification and such invoiced charges may notexceed actual verified cost. Verification as a minimum is to consistof signed time slips and actual receipts for materials andtransportation charges. Verification received beyond six (6) monthsfrom date corrective work or field charges are completed will not beaccepted and Purchaser’s invoice will be void and to no effect.

14. Warranty; Performance Guarantee; Limitations onRemediesA) Company warrants the equipment of its manufacture free from

defective material and workmanship for a period of 18 months

from date of shipment or one year from beneficial use,whichever occurs first. SAID WARRANTY IS IN LIEU OF ANYOTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDINGTHE IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE.

Company does not assume responsibility or give any warrantyfor equipment which is not of its own manufacture, except toextend to the Purchaser any express warranty of the originalmanufacturer, which may be so extended.

All components with a replacement value exceeding $50.00must be returned to Company for warranty inspection and

 judgment. The Purchaser shall not be required to deliver adefective part to Company if:

1) The part was destroyed as a result of its defect or of anydefect in any part covered in the warranty, and2) Company is reasonably satisfied that the part was defective

at the time of sale.

Company will provide return materials instructions and pre-addressed shipping tags as required.

Extended warranty may be negotiated for special reason andwith prescribed conditions.

Note:On replacement parts ordered through Detroit StokerCompany, Company warrants the equipment of itsmanufacture free from defective material and workmanship fora period of thirty (30) days from date of shipment, provided thePurchaser gives the Company immediate written notice. SAIDWARRANTY IS IN LIEU OF ANY OTHER WARRANTY,EXPRESS OR IMPLIED, INCLUDING THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESSFOR A PARTICULAR PURPOSE.

B) Where Company has made specific emission and/or otherperformance guarantee(s), the following conditions shall apply:• The guarantee(s) between Company and the Purchaser

must be mutually agreed upon and confirmed in writing atthe time the contract is entered into. THE GUARANTEE(S)ESTABLISHED AT THIS POINT IS/ARE IN LIEU OF ANYOTHER GUARANTEE(S) EXPRESS OR IMPLIED.

• Startup must be performed by Company’s authorized servicepersonnel.

• Testing including any preliminary testing, and anysubsequent re-testing, is to be provided and paid for byothers unless contracted specifically with Company.

• Testing methods and techniques are subject to approval byCompany.

• Design operating conditions, as specified by Company, shall

be maintained during testing.• Reasonable time and expenses of Company personnel tomeet the guarantee(s) will be paid in addition to time andexpenses incurred for normal startup based on receipt byCompany of a bonafide purchase order.

• Company’s responsibility for any modifications to theinstallation necessary to meet the guarantee(s) will belimited to the equipment supplied by Company.

• Either upon successful demonstration of the guarantee(s)being met at startup, or for equipment no longer covered bythe warranty, whichever comes first, Company shall have nofurther liability with respect to the guarantee(s).

• If the equipment cannot be tested when it is ready forstartup, due to reasons beyond Company’s control, thebalance of all payments due Company shall be made as ifthe installation had satisfactorily met its guarantee(s).

C) The Purchaser’s REMEDIES for either breach of warranty orfailure to meet any guarantee(s) or other contractspecification(s) are LIMITED as follows: The Purchaser’s soleand exclusive remedy for breach of either warranty or failure tomeet any guarantee(s) or contract specification(s) shall be therepair or replacement in Company’s factory of equipmentproving defective, or Company, at its option, may sendPurchaser additional or replacement part(s) to be installed byPurchaser. The Purchaser agrees that no other remedies(including, but not limited to, recovery of incidental orconsequential damages for lost profits, lost sales, injury toperson or property, or any other incidental or consequentialloss) shall be available to the Purchaser for either breach ofany warranty, express or implied or for failure to meet anyguarantee(s) of contract specification(s).

If Company’s equipment fails to meet any emission or otherperformance guarantee(s) or any contract specification(s)during demonstration at startup pursuant to the terms andconditions of paragraph B) above, or fails to comply withCompany’s warranty, Company shall exercise reasonableefforts to adjust and/or modify its equipment so as to meetsuch guarantee(s) or contract specification(s) and/or complywith the warranty. If despite Company’s good faith efforts theequipment as is so adjusted and/or modified fails in any

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4CForm #407B 02/08/07

material respect to meet such guarantee(s) or contractspecification(s) or comply with such warranty, then unless theparties agree otherwise, the contract shall terminate. Anyportion of the purchase price which has been paid shall berefunded to the Purchaser, the equipment shall be returned toCompany, cost of shipment to be at Company’s expense, andneither party shall have any further liability to the other underthis contract.

No Company warranty or guarantee shall extend to any defect,failure or nonperformance caused by ordinary wear and tear orby the Purchaser’s failure to follow instructions or other misuseof the equipment.

D) Item 15. LIMITATION OF LIABILITY AND INDEMNIFICATIONAPPLIES.

15. Limitation of Liability and IndemnificationNotwithstanding any other provision of this contract, in no

event shall Company or its suppliers be liable, whether arisingunder performance of this Contract or breach of this Contract, tort,including negligence, strict liability, warranty, or otherwise, and forany special, indirect or consequential loss or damage of a“commercial” nature such as, but not limited to loss of production,loss of anticipated profits, loss of equipment or facilities and loss byreason of plant shutdown, non-operation or increased expense of

operation, service interruption, cost of money, loss of use of capitalor revenue, cost of purchased or replacement power or equipment,claim of Purchaser’s customers due to loss of service, or for anyincidental or consequential loss or damage.

To the extent that insurance is specified by the Purchaser andaccepted by the Company, total liability is limited to the policy limitsof such insurance. In no event shall the Company’s total liability forany and all claims or breaches under the contract exceed, in theaggregate, the purchase price of the equipment.

The Purchaser shall indemnify and hold harmless theCompany, its employees, agents or subcontractors of any tier, fromand against any and all suits, actions, legal or administrativeproceedings, claims, demands, damages, liabilities, interest,attorney’s fees, costs and expenses of any nature and in anymanner directly or indirectly caused, occasioned, or contributed toin whole or in part, or claimed to be caused, occasioned, or

contributed to in whole or in part, by reason of any act, omission,fault, or negligence, whether active or passive, of Purchaser or ofanyone acting under Purchaser’s direction or control or onPurchaser’s behalf in connection with or incident to the performanceof the contract. Purchaser’s indemnity and hold harmless obligationshall not apply to liability caused by the sole negligence or willfulmisconduct of the Company. Purchaser shall, at all times, maintainsuch liability, property damage, and employee liability insurance aswill protect the Company from any and all of the foregoing risks.

16. PatentsThe Company shall defend at its own expense any suit or

action brought against the Purchaser based on a claim that anyequipment furnished hereunder made to the Company’sspecifications constitutes an infringement or violation of anypresently issued applicable patent, provided that the Company isgiven prompt written notice of such claim and full opportunity andfull cooperation of Purchaser to defend such claim. The Companyshall pay all costs awarded against the Purchaser but in no eventwill the Company be liable for such costs or damages beyond thepurchase price of the equipment.

The liability and responsibility of COMPANY here in above inthis clause provided, shall constitute sole liability and responsibilityfor damages, whether direct, incidental or consequential, which maybe incurred by PURCHASER in connection with any allegation,claim or judgment that any equipment furnished by COMPANYunder the terms of this Agreement, infringes any patent right.

17. Change OrdersThe Purchaser may order changes in the work consisting of

additions, deletions or other revisions. All such changes in the workshall be authorized by written change order and shall be approvedby both the Purchaser and the Company. If any such changenecessitates a price, delivery, or time of completion adjustment, thecontract shall be amended accordingly.

18. Termination of Contract by CompanyThe Company may terminate the contract, without penalty, by

written notice to the Purchaser if a petition is filed by or against thePurchaser under the bankruptcy laws, or if the Purchaser makes ageneral assignment for the benefit of its creditors, or if a receiver isappointed for any property of the Purchaser, or for Purchaser’swillful failure without cause to make payment on any application forpayment within thirty (30) days from submission thereof. Suchtermination shall be without prejudice to any of the legal rights andremedies the Company may possess to recover any amounts dueunder the contract.

19. Cancellation by PurchaserCancellation of orders will be accepted only upon payment of

reasonable cancellation charges which shall include and take intoaccount all costs and expenses incurred, commitments made inconnection with the canceled order and lost profits.

20. Notification of ClaimsThe Purchaser shall notify the Company immediately by

registered mail addressed to the Company’s main office in Monroe,Michigan, of all claims brought against the Purchaser for which theCompany may be liable, and the Company will likewise notify thePurchaser of all claims brought against the Company for which thePurchaser may be liable.

21. ArbitrationAny controversy or claim (except for damages because of

bodily injuries, including death at any time resulting therefrom,sustained by any person or persons) arising out of or relating to thiscontract or the breach thereof, shall be settled by arbitration inaccordance with the rules of the American Arbitration Association,and the judgment upon the award, rendered by the Arbitrators maybe entered in any court having jurisdiction thereof.

22. Attorney's FeesIn addition to any other remedies provided by law, the

Purchaser shall be liable for attorney’s fees and litigation expenseswhich the Company reasonably incurs to enforce, interpret, orcollect damages under any of the terms of the contract.

23. Applicable LawThis contract is made in Monroe, Michigan and irrespective of

the place of performance, or otherwise, the contract and all disputesor claims concerning any aspect of the contract shall be construedand interpreted in accordance with the laws of the state of Michigan.

WHEN CONSTRUCTION SERVICES ARE PURCHASED FOR 

THE EQUIPMENT SPECIFIED IN THIS PROPOSAL THE 

FOLLOWING TERMS AND CONDITIONS WILL ALSO APPLY.

24. Performing the WorkPerforming the work, hereinafter referred to as the “Work,”

shall include the furnishing of and paying of all labor, supervision,machinery, materials, tools, equipment, transportation, services,supplies and facilities necessary to prosecute and complete thework identified in “Scope of Work,” as defined in Company’sproposal. The Work shall be performed in a good and workmanlikemanner strictly in accordance with the Contract Documents.

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35. Site CleanlinessDuring the performing of the Work, the Contractor shall not

unnecessarily encumber the premises with materials and equipmentand shall maintain the work area in a clean and orderly condition.Upon completion of the Work, Contractor shall remove all scaffolds,construction tools and equipment, excess and unused constructionmaterials, and leave the premises in a clean and satisfactorycondition. Purchaser will provide containers for disposal ofconstruction waste and will dispose of all such waste includingwaste paint by-products and solvents.

36. NoticesPertaining to the terms and conditions of the contract and

notices between the parties shall be in writing and shall be deemedto be valid when (I) delivered personally, (II) sent by certified mail,return receipt requested, or (III) sent by a recognized overnight mailor courier service, with delivery receipt requested, and whenreceived by the other party at the address indicated on Company’sproposal. Either party may change its address by giving writtennotice of the change to the other party.

Any technical or other communications pertaining to the Workshall be between representatives appointed by both parties. Eachparty shall notify the other in writing of the name of suchrepresentative. Contractor’s representatives shall be satisfactory toPurchaser, have knowledge of the Work and be available at allreasonable times for consultation. Each party’s representative shall

be authorized to act on behalf of such party in matters concerningthe Work.

37. Purchaser’s ObligationDuring performance of the Work, Purchaser shall, at

Purchaser’s expense and at times specified by Contractor:A) Provide and assure ingress and egress to and from the Job

Site for Contractor and its subcontractors and vendors for theperformance of the Work.

B) Unload and store material prior to Contractor’s arrival on site.

C) Provide and maintain a permanent stoned Site access road forunimpeded access to the Site, for personnel and all equipmentnecessary for the Work, prior to the start of and throughout theconstruction period, including any necessary relocation of anyexisting roadway from its present location.

D) Turn over to Contractor for its use during construction therequired portions of cleared level land at the Site that arereasonably adjacent to the Work, and free from any and allcharges, compensation, rent, taxes, fees and any otherencumbrances.

E) Provide water, compressed air and electrical power at the Sitein sufficient quantity and quality for construction. Contractorshall provide all drinking water and portable sanitary facilitiesnecessary for performance of the Work.

F) Assist in obtaining telephone services for Contractor’s usethroughout the construction period.

G) Supply proper disposal containers for construction wastes anddisposal of all such waste.

H) Provide space for construction trailer as required. Purchasershall be responsible for obtaining and paying for all facilityconstruction, environmental and use permits, licenses,

exemptions and approvals, and easements at the sitenecessary for performance of the Work.

I) Purchaser shall be responsible for obtaining and paying for allfacility construction, environmental and use permits, licenses,exemptions or approvals, and easements at the site necessaryfor performance of the Work.

Please refer to the “Responsibility List” included in the proposalfor a complete list of Purchaser/Contractor obligations.